The Department of Agricultural Resources (The Department) is proposing to ban/phase-out the importation and sale of more than 140 plants identified as either noxious and/or invasive in the Commonwealth. The Department is seeking comment and will hold public meetings on this action.

The Department derives its authority to take this action under Massachusetts General Law including, but not limited to, Chapter 128 Section 2 and Sections 16 through 31A.

The list of plants is derived from:

Federal Noxious Weed List, USDA. Please note that several species have been omitted from this list as they are not considered to pose significant risk in Massachusetts due to climatic conditions.

The Evaluation of Non-Native Plant Species for Invasiveness in Massachusetts, Mass. Invasive Plant Advisory Group (MIPAG). MIPAG is a collaboration of government, industry and environmental organizations concerned with invasive plants. The MIPAG list is a product of scientific analysis, and represents the scientific consensus of groups and individuals with a broad range of perspectives on the subject of invasive plants.

A list of species proposed for ban/phase-out was provided during the public comment period (7/15/2005 - 9/30/2005)

Proposal

The proposed action consists of three basic components:

Under the proposed action, the Department would prohibit the importation of all listed plants into the Commonwealth as of January 1, 2006; and

All listed plants will be prohibited from sale, trade, distribution, and related activities within the Commonwealth as of January 1, 2006 with the exception of 12 species. These 12 species are commonly sold as ornamental plants. In order to minimize financial impacts on agricultural businesses in Massachusetts, the Department is proposing a phase-out period during which species currently within the commonwealth can be sold until:

January 1, 2007 for herbaceous species.

January 1, 2009 for woody species.

The 12 species for which additional phase out times are proposed are clearly identified on the above mentioned list. 3. Finally, the Department proposes to allow the importation, sale, trade, and related activities of listed plants under permit when:

There is a significant public benefit in doing so; and

Where the risks posed by these species can be adequately controlled.

The Department would anticipate that such a scenario might occur where someone chose to import listed plants for the purposes such as research or education.

Please note that this action in no way impacts on existing plantings of any of the listed species, but is limited to the importation, sale, trade, distribution and related activities, of these plants.

Public Meeting Dates and Comment Process

The following locations and times have been chosen for the public meetings: